1. A creditor’s right that existed under section 489.14404 immediately before a merger under section 489.14604 may be enforced after the merger in accordance with all of the following: a. A creditor’s right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. b. A creditor’s right that existed immediately before the merger against a nonsurviving company all of the following apply: (1) May be asserted against an asset of the nonsurviving company which vested in the surviving company as a result of the merger. (2) Does not otherwise change. c. Subject to subsection 2, all of the following apply: (1) In addition to the remedy stated in paragraph “a”, a creditor with a right under section 489.14404 which existed immediately before the merger against a nonsurviving company or a relocated protected series may assert the right against any of the following: (a) An asset of the surviving company, other than an asset of the nonsurviving company which vested in the surviving company as a result of the merger. (b) An asset of a continuing protected series. (c) An asset of a protected series established by the surviving company as a result of the merger. (d) Ifthe creditor’s right was against an asset of the nonsurviving company, an asset of a relocated series. (e) Ifthe creditor’s right was against an asset of a relocated protected series, an asset of another relocated protected series. (2) In addition to the remedy stated in paragraph “b”, a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against any of the following: (a) An asset of a relocated protected series. (b) An asset of a nonsurviving company which vested inthe surviving company as a result of the merger. 2. For the purposes of subsection 1, paragraph “c”, and section 489.14404, subsection 2, paragraph “a”, subparagraph (1); section 489.14404, subsection 2, paragraph “b”, subparagraph (1); and section 489.14404, subsection 2, paragraph “c”, subparagraph (1),the incurrence date isdeemed to be the date on which the merger becomes effective. 3. A merger under section 489.14604 does not affect the manner in which section 489.14404 applies to a liability incurred after the merger.
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